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HomeMy WebLinkAboutCC Minutes 2007-02-26 Special 02/26/2007 2641 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 26, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, FEBRUARY 26, 2007 AT 5:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 SOUTH FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER JAY HORECKY COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER BO MCDANIEL CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. 7:00 PM—SPECIAL MEETING Discussion was held with the Charter Review Commission regarding their report on the proposed Friendswood City Charter amendments and other amendments as identified by Council. Discussion was held regarding the 16 items as proposed by the Commission: Section 1.02 — Form of Government, Section 1.04 — Glossary of Terms, Section 2.01 — General Powers, Section 2.03 — Eminent Domain, Section 3.01 — Number, Selection, Term and Term Limitations, Section 3.04 — Compensation, Section 3.05 — Mayor and Mayor Pro-Tem, Section 3.08 — Prohibitions, Section 3.09 — Meetings of the City Council, Section 3.10 — Rules of Procedure, Section 3.17 — Officers and Employees Protected from Financial Loss, Section 4.06 — Personnel System, Section 5.11 — Limitation on Recall, Section 6.01 — City Elections, Section 6.02 — Filing for Office, Section 8.04—Amendments after Adoption. Chairman Hill closed the Charter Review Commission Meeting at 7:10 PM. Mayor and Council thanked the Commission for their many hours of work reviewing the Charter. Council discussed the proposed Charter amendments. Section 1.02 — Form of Government - Conflict with Mayor and City Manager does not need re-wording. Section 1.04 — Glossary of Terms — definition of "Officer" seek clarification from City Attorney, need to define discretionary, will work on wording, concerned with putting names of committees in the Charter, possibly change. City Attorney John Olson suggested thinking of this as the Constitution. Section 2.01 — General Powers and Section 2.03 — Eminent Domain are good as proposed. Section 3.01 — Number, Selection, Term and Term Limitations - needs clarification, new language combines Mayor and Council for three year terms. Councilmember Peden likes any office three year term limits. Mayor Smith clarified his thoughts as 9 years as Council and then 9 years as Mayor, concern with limiting running for Mayor, Councilmember Peden asked was Whitaker a good Mayor stated he was, he had no Council historical perceptive when elected, served as a great Mayor. Mayor Smith agrees that someone without experience can be very good in these positions. Councilmember LeCour understands the issue of the three year terms and then sit out a year. He would like to see three year terms as Council served and two year terms as 02/26/2007 2642 Mayor served and would like to see new people come in. should limit the positions to three and two year terms and there should be no restrictions for Mayor and one Councilmember and then have term limits for five Councilmembers. Councilmember Measeles asked Mayor Smith if he knew of any cities using this method, Mayor Smith stated not that he knows about. Councilmember Peden stated he would take the opposite approach from Councilmember LeCour, he would think continuity with the Mayor position is more important than Council positions, and he would concede that the Mayor's position provides for longevity, Council would have three-year term limitation and then could file for Mayor, incumbents have an advantage. Mayor Smith stated he would like to look at language to allow that to happen. Councilmember LeCour stated he is proposing three terms as Council and then two terms as Mayor, would eliminate the one year sit out, he would rather it be term limits and then done. Councilmember Peden asked if someone could write up any changes and Mayor give to City Manager or City Attorney for all of Council. Council will continue to work on this. Section 3.04 — Compensation - Councilmember Peden stated he has some severe concerns with this proposal, would support putting on the ballot for compensation. Councilmember LeCour stated he is against compensating Council, it is a volunteer community and a volunteer position. It should be kept the way it is, good, quality people and did not have to pay a dime for elected officials, he would like to use the money for other things, keep for City services. Councilmember Hill totally agrees with Councilmember LeCour, Council is a volunteer position and would like to see remain the same. Councilmember Ewing stated she had mixed feelings, she feels the same way about volunteerism but it may limit some from serving, finances may be a consideration and if this were to be passed some would not be able to keep money. City Attorney John Olson stated it could preclude some from running for office as of emolument, stated there are certain laws for school teachers receiving payment other than salary, may be different for a Mayor. Mayor Smith stated it is a huge commitment of possibly 20 hours, there should be some compensation for Mayor, he has the same mixed feelings. A lot of people in Friendswood thinks these are paid positions, there are certain expenses from holding office that you do not expect such as loss of business hours, money spent on attending functions, dry cleaning, and babysitting. Reimbursement may be a possibility but reimbursement of this nature may be difficult on administration, but it may cost more to administer than a small stipend. City Manager Bo McDaniel gave an example of providing reimbursement at a certain level, Mayor$400, Council $300 and be given a 1099 form and then could offset with expenses, it would be up to the individuals to keep records. Councilmember Horecky stated he does like it and they can't control a future Council, he likes it the way it is, and stated the City cannot afford to reimburse for time spent from sole proprietors businesses persons, it might be nice to be reimburse for some expenses, likes volunteer spirit. Councilmember Measeles stated Council had the same conversation with the last Charter Commission, he did not support then and could not support now, can get reimbursed for expenses, and stated this is a volunteer position. Section 3.05 — Mayor and Mayor Pro-Tem - Eliminate sentence regarding the Mayor see that all ordinance bylaws are enforced, and stated it is the same wording as City Manager, agreed to strike a portion of the sentence regarding Ordinances and bylaws to perform such other duties. Section 3.08 — Prohibitions - Councilmember Peden stated the Council meeting can be called by three members of Council, four members of Council calling a meeting would be a quorum, would violate the Open Meetings Act (OMA), Mayor smith would like to do homework on this, City Attorney John Olson stated he has not read this and wants to review the Alpine Case before rendering an opinion, it would not violate the OMA for four members voting to call a meeting, it would violate if they gather and confer to call a meeting, Mayor Smith stated he does not believe it violates OMA if there is a agreement to call a meeting. Councilmember LeCour stated there would have to be dialogue as to having a meeting regarding a subject, does not think it would violate the OMA, City Attorney John Olson stated he thinks there is an AG opinion and will research this. Section 3.09— Meetings of the City Council, Section 3.10 — Rules of Procedure, Section 3.17—Officers and 02/26/2007 2643 Employees Protected from Financial Loss, Section 4.06— Personnel System are good as proposed. Section 5.11 — Limitation on Recall — Council discussed concern with discrimination, change wording from sex to gender, change wording so not so broad or vague, what is reasonable, consider different wording. City Attorney John Olson asked Council if they would like to penalize, consider legal definition, language was meant to protect City employees from candidates. Councilmember Hill stated he thinks it's fine as written. Councilmember Measeles stated if there is definition of knowingly from a legal aspect, Council can provide written definition, give list of employees/committee members to candidates. Councilmember Hill stated to add willingly with forethought. Council will continue to discuss this. Section 4.06 — Personnel System, Section 5.11 — Limitation on Recall, Section 6.01 — City Elections, Section 6.02— Filing for Office, Section 8.04—Amendments after Adoption are good as proposed. Council took a 5-minute recess at this time. Council considered adding City Auditor reporting to Council to the Charter amendments. Councilmember LeCour stated it was proposed to establish an office of City Auditor independent of City Manager. Councilmember Peden asked does Council have authority now, and if so how? City Attorney John Olson stated the Charter allows investigation under Section 3.16 by Council for a independent purpose, if it is in house then it would be reported to the City Manager, Councilmember Ewing stated under 3.16 authority to bring in auditor, is a pretty strong statement and a lack of trust, does not think it is needed, Councilmember LeCour, opinion of Council could change before the next Charter amendment, could lose trust could ever happen, Councilmember Hill thinks Council can cross the bridge when we get to it, can hire an independent consultant as needed, Councilmember LeCour read the Charter Review Commission report wording for clarification. Councilmember LeCour would like to discuss later. City Manager Bo McDaniel stated not to assume that the City Manager and administration would not welcome a second look, doubt will find cities under 100,000 population with an independent auditor, sometimes it is beneficial to help administration, not opposed to it from time to time. Councilmember Horecky stated having a certified annual financial report, is in fact getting an audit, City Manager Bo McDaniel stated sometimes get an executive report. Councilmember Peden discussed putting a revenue cap on the May ballot, combined cap on general funds and sales tax for a 5 or 6% or CPI plus 2 but not include enterprise funds, giving voters the right to approve, it is the right step in the right direction. Councilmember Horecky stated this is a good idea, thinks moving number of inflation plus 2. Mayor Smith stated he has some concerns, does not believe it is the right time to make this decision, thinks it would be good when at build out, expect next 5/10 years to be growth mode, what incentive does it give to the City to diversify. Councilmember Peden stated the City has partners, two school districts and drainage district. Mayor Smith stated he worries about the cost of doing business is over the cost of doing business, inflation for goods is a problem, to limit income during this growth mode is a concern. Councilmember Ewing stated there is a more appropriate method other than CPI. Councilmember Peden stated the citizens got a raise based on CPI, most of what City buys is not, and find another target, another number. Councilmember Horecky stated there are other numbers available to use, may need to combine several different numbers to arrive at a good number, so it could be used. Mayor Smith stated to be sure that property taxes don't go up, would like to see more taxes brought in by more sales tax dollars being brought in from the outside, if choose index, but if it is not the right index, if need to retain employees, it should be an independent action of each Council, it may put a future Council in a bind and there is nothing they can do about it. Councilmember Hill stated to have a good check and balance, Council has the ability to set tax rate, if citizens do not agree, can remove the bums. Councilmember LeCour asked if this would allow for a voter referendum. Councilmember Peden stated it could be written in, to answer Councilmember Hill, it took budget increases during 1998/04 until the bums were removed, trust the voters to throw out those they do not trust. Councilmember Hill asked why Councilmember Peden did not ask for a tax rate at $0.40 to give back to citizens. Councilmember Peden stated he did not have the votes. Councilmember LeCour stated a lot of people do not pay attention to taxes, hidden in mortgage payments, keeps creeping up, the cap would force the City to be more efficient, consumer protection. 02/26/2007 2644 Mayor Smith stated it could be the opposite effect, none of this is being discussed in this measure by limiting income when not near build out, putting limits on future Councils without knowing unexpected consequences, if adopted, if had disaster could use all of funds to recover, do not know the Federal Government is going to be here to help us, think check and balance is here already. Councilmember Measeles stated the City is just a small part of the pie, will not know how it will effect future, would not be comfortable. Councilmember Ewing stated she thinks the cost per capita is very lean personnel, very concerned with the market for employees, lost four people, severe shortage, effect already there, higher salaries to replace some of those Staff, Councilmember Peden makes a good point, very concerned taking ability away to be fluid, would caution as well, when commercial is up and running are going to see more outside sales tax revenue, going to have more expenses for those coming in, careful lumping sales taxes with property taxes. Mayor Smith stated he has merit, would be more comfortable if at build out, have better handle on what it takes to fund the City, comfortable with where City is at, know the cost, would think in principle, makes sense, talking about limiting size of government. Councilmember Peden stated the rate from 98 to 04 average 12% growth in property tax rate, plan to draft up language to propose and put it up for vote next Monday. City Manager Bo McDaniel stated revenue cap would make his job real easy, does not have a problem with that, just caution be comfortable where you are with your tax base, preparing a report of fixed assets not in City budget at this time, will need to address, dealing with the symptom not the problem, problem at the State level, there is a system out there, but State is artful at avoiding that, truth and taxation, cannot increase operation and maintenance more then 9.99%, would welcome to talk one on one about this. Councilmember LeCour asked what is TML doing? City Manager Bo McDaniel stated he does not know but cou Id check. Discussion was held regarding the calling an election for a Public Safety District including general background related to this local option. Mayor Smith stated dealing with elements outside of the city limits, let outside the city limits help to pay for this, possible to fund Police Department work with increase in sales tax revenue, �/2-cent sales tax increase, citizens has spoken before and did not support the increase, but crime district would be managed by the Council serving as Directors. Councilmember Measeles asked if this was like or part of 4A/4B sales tax initiative. Mayor Smith stated no special legislation, increase sales tax but go into the crime district, go directly into the Police Department, very limited as what funds can be spent for, Council could be in charge, automatic 5 year sunset clause unless re-adopted. Councilmember Horecky stated this is something new to him, almost blindsided him, pulled up local government code and disagree with conclusion whereby outside forces will help pay, sales taxes are not generated by outside, this is taxing our own people, if Chief of Police Bob Wieners had plan to reduce crime believes Council would fund it, does not think it is a public safety plan, thinks it is a taxation plan, cannot support until capital improvement plan is in place, look at long range plan, not enough time to digest it, does not think it is enough time to put onto the ballot. Mayor Smith disagree that there is a number of sales tax generated from outside the City, such as HEB, money is already being spent outside of the City based on convenience, have issue where funds could be taken away from the City if County implements additional sales tax, if it is not used it will be lost, we are at risk for it, did not mean to surprise anyone. Councilmember Hill stated that the City was one time in METRO, got out by skin of its teeth, sounds like a bureaucrat dream, this is a scam on Friendswood, be honest with the people and tell the people Council wants this �/2 cent tax to be used on some City services. Mayor Smith stated Councilmember Hill is clearly not in favor of it, it is clearly not a scam to the taxpayers, the City stands to have a significant change in this City, this is very specific, very controlled. Councilmember Hill stated he remembers budget where Chief asked for 1 �/2 employees and walked out with 4 new employees, believes Council will fund what is needed, would support sales tax election. Councilmember Measeles stated very definite things that could spend money on, very limited, not a correct statement. Councilmember Peden stated he is going to buy the video Chicken Little to give to the Mayor, stated he believes everything is going very well, City has more commercial and residential construction since he has been here, pure and simple this is a money grab, other elections for sales tax has failed, almost a snatch and grab. Councilmember Peden stated if the City wants to raise 1.5% tax rate, strongly support a economic sales tax for infrastructure, planning for the future, thinks winner, rather than crime district has to have 30% new programs for programs that may not be needed, inference is that no one will come calling if don't pass this issue on the ballot, if want to raise sales 02/26/2007 2645 tax, there is a way to do that, need infrastructure not downtown, raising sales tax is not wrong, possibly consider an economic development initiative with a sunset clause. Mayor Smith stated it does not matter how you slice it, whether you pass economic development and then spend the money on crime or pass crime and then spend savings on economic development for infrastructure. Councilmember LeCour stated a board would be set up, needs to be educated on this,�thinks putting cart before the horse, would like to see all of the options on the table to help make decision, usually have a problem and then find a solution, would like to work with the Police Chief to see what the prdblem is, to see what solution is needed, there is a lot of questions before he votes on this. Councilmember Ewing stated she thinks there needs to be more sales tax, just doesn't know how, wants more time to study. Councilmember Peden stated Council can be the governing body. City Manager stated sorry�.jfi:this caught Council by surprise, may appear as bureaucrat scam, does not think that is what his intent i's, property tax is a problem in Friendswood, brought this forward in the event to have on this May ballot, if Council does not want, this is ok, just bringing forward, if this type of initiative is too much at this, it is ok. Councilmember Measeles stated he could make some sense to support the crime district. Chief of Police Bob Wieners stated he agreed this is not a public safety issue, there were comments made during budget, there was justification, he thinks there should be 1.5 officers for every 1,000 citizens, and he reviewed the police report. Councilmember LeCour stated he respectfully disagrees, gave credit to Council and to the Police Department, looking for solutions, taxpayers deserve solutions. Councilmember Peden stated he will bring forth for a vote of Council, Charter amendment English is official language of Friendswood, and stated he did not write the ballot wording. Councilmember Ewing stated it would be helpful to have document wording electronic format, to have document available to the public. City Attorney John Olson asked why not have English the only language by ordinance or resolution, the Justice Department would never approve, would recommend keep it very brief wording for the Charter, verbiage in the Charter has a higher level of importance. City Manager Bo McDaniel stated there already are state mandated requirements for Spanish for some things. Councilmember Peden stated all Charter amendments are being drafted by the City Attorney, yes there are state mandates. Mayor Smith stated he would propose to keep it simple, if going to do this. Councilmember LeCour stated to keep it vague. Councilmember Measeles stated he is getting confused, some previously complained about things being vague, now wanting this to be vague. Councilmember Peden stated to keep it easy. Mayor Smith stated if we think it is going to be easy, it is not going to be, it is better if kept easy, understands what Councilmember Measeles is saying, it is confusing about different issues being discussed tonight. Mayor Smith stated Council is going to have time to take comments from the public on Thursday and then will have further Council discussion next Monday night, he has some concerns and is worried about how this will be perceived by citizens, those outside the City, and those doing business or moving here, does not think trying to operate in a vacuum will work on issues such as this, trying to send a message regarding a number of issues, suggests there are more practical ways to do this, fear of the message this will send outside and inside the City. Councilmember Ewing asked about the backup material made available on Thursday, very important issue, heard about inflammatory statements made and Council has a option as to further inflame this community, this has been a really good meeting to think and work through together, if it goes in the charter, are these fighting words or would it be constructive. Councilmember Peden stated the verbiage, "English Language is the official language of this Municipal Government," is what will be in the packet. A motion was made and approved to adjourn at 10:41 PM. or David J.H. Smith 02/26/2007 2646 Attest: F R�EN�s . � �� �L � L` O D loris McKenzie, TRM v o City Secretary * * d� �,r� � �+p�